What does "prior art" refer to in patent law?

In patent law, "prior art" refers to any evidence that your invention is already known before your patent application. This concept is crucial because it helps determine whether an invention is novel and non-obvious, two fundamental requirements for patentability. If the invention has been disclosed publicly in any form before the filing date of the patent application, it may not meet the requirement of novelty.

Prior art can encompass a variety of forms, including patents, patent applications, scientific literature, products, and other publicly available information. The key aspect is that it must demonstrate that the invention was known or could have been known by someone skilled in the relevant field before the date of the patent application. This could include information in brochures, public demonstrations, or even public use of the invention, all of which would serve to show that the idea was not newly conceptualized by the applicant.

While evidence of commercialization, academic publications, and existing patents can be components of prior art, the defining characteristic is that it pertains specifically to the existence of knowledge regarding the invention itself prior to the application date. This understanding is essential for anyone engaging with patent law, especially when assessing the patentability of an invention.